Sony Music v. Kroger: 392 alleged uses across 19 banners
Short answer
On August 21, 2026, Sony Music and nine affiliated labels sued Kroger and 18 related companies, including Ralphs, Mariano's, Harris Teeter, King Soopers, Murray's Cheese and Home Chef, in federal court in Los Angeles. Sony alleges at least 392 unauthorized uses of its recordings on Kroger's social accounts and in posts by influencers Kroger paid, and claims the infringement was willful. The case is open. These are allegations; Kroger hadn't publicly responded at the time of reporting.
The complaint in brief
Sony Music Entertainment and nine affiliated labels, including Arista, LaFace, Ultra, Zomba, Provident Label Group and Alamo, filed the suit on August 21, 2026, in the U.S. District Court for the Central District of California (Music Business Worldwide; MediaPost).
The defendants are 19 Kroger entities: the parent and banners and subsidiaries such as Ralphs, Mariano's, Harris Teeter, Fred Meyer Jewelers, King Soopers, Murray's Cheese, Ruler Foods and Home Chef. Sony alleges at least 392 unauthorized uses of its recordings on Kroger's social media accounts and on accounts of influencers Kroger paid to promote its brands. The largest single accounts, by the complaint's count: Mariano's with at least 99 videos, Kroger's corporate accounts with 76 and Murray's Cheese with 70.
Sony brings claims for direct, contributory and vicarious infringement and seeks statutory damages of up to $150,000 per work, a permanent injunction and costs. Press estimates of the theoretical maximum run to about $58.8 million (PPC Land).
Three details that make this complaint different
1. The expired license. Sony says Kroger licensed The Lovin' Spoonful's "Do You Believe in Magic" for a 2020 campaign video for about seven weeks, from November 13 to December 31, 2020. The complaint alleges that versions of the video stayed publicly viewable on seven banner accounts, including City Market, Baker's, Dillons, King Soopers, Fry's, Pick 'n Save and Ralphs, long after the license ended. Sony says a Ralphs version was still viewable on August 17, 2026. A licensed post becomes an unlicensed post the day the term ends.
2. Prior licensing as evidence of knowledge. Sony says Kroger signed at least 14 licenses with Sony between 2017 and 2025. The complaint uses that history to argue Kroger knew licenses were needed: "The Kroger Parties know licenses are required for this use of Sony Music Recordings." Paying for some music, it turns out, can be used to argue you knew about the rest.
3. Influencer ads, approved by the brand. The complaint cites a 2022 TikTok promoting Home Chef, tagged #ad and offering a $100 discount code, and says Kroger Precision Marketing reviews and approves ad creative before it runs. That's the basis for the contributory and vicarious claims: the brand paid for, benefited from and could control the content.
The songs
The complaint's examples are familiar. Mariah Carey's "All I Want for Christmas Is You" and OutKast's "Hey Ya!" are each alleged to have been used at least 12 times. Bill Withers' "Lovely Day" and Harry Styles' "Golden" appear too. Miley Cyrus's "Flowers" was allegedly used by Mariano's on January 21, 2023, nine days after it was released. Seasonal songs and brand-new hits are exactly what a grocery social team reaches for, and exactly what labels watch.
Notice and willfulness
Sony says it notified Kroger as early as June 30, 2025, asked for a tolling agreement to allow settlement talks, and was refused. It alleges new infringing content went up as recently as August 12, 2026, nine days before filing. Whether any of this amounts to willful infringement is for the court; but the pattern of notice followed by continued posting is the core of most willfulness arguments in these cases.
Status
As of October 2026 the case is at an early stage. Kroger's response wasn't reported at the time of filing. We'll update this page as it develops; the lawsuit tracker has the latest.
Lessons for brands
- Track license end dates. A properly licensed campaign can become a claim if it outlives its term. The same is true of creator usage rights.
- Count every banner and sub-brand. Each account in your group posts in your name. Audit them all, not just the flagship.
- Check influencer content you approve. If your team reviews creator ads before they run, a reviewer should also check the audio.
- Treat a notice as urgent. Posts that stay up, or new posts that go up, after a letter are what turn a dispute into a willfulness argument.
- Paying for some music isn't a shield. It can be used to show you knew the rules.
A scenario for a multi-banner retailer
A regional retail group has six store banners, a meal-kit brand and a specialty food brand, each with its own social team or agency. Corporate licenses a holiday song for a TV and social campaign each year. Every banner reposts the video. Nobody takes it down in January.
Three years later, the old holiday videos are still on six accounts, alongside dozens of TikToks cut to chart songs by the banner teams. A check across all eight brands would find both problems in a week. The fix is unglamorous: archive the expired campaign videos, swap or archive the chart-song posts, and put license end dates and a music rule in front of every team.
Common questions
When did Sony sue Kroger?
August 21, 2026, in the U.S. District Court for the Central District of California.
How many songs are in the Kroger lawsuit?
Sony alleges at least 392 unauthorized uses of its recordings across Kroger's accounts and paid influencer posts.
Which Kroger brands are named?
19 entities, including Ralphs, Mariano's, Harris Teeter, Fred Meyer Jewelers, King Soopers, Murray's Cheese, Ruler Foods and Home Chef.
What is the expired license issue?
Sony says a 2020 campaign video was licensed for about seven weeks but stayed visible on several banner accounts for years afterward.
Is the Kroger case settled?
Not as of October 2026. It's an open case and the claims are allegations.
Part of: Lawsuits and claims
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General information, not legal advice. Platform rules and licenses change; check the current terms or ask your lawyer about your situation. Lawsuit figures are as reported and represent claims, not findings, unless noted.